Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 381: Power to Order Costs
Any Court dealing with an application made to it for filing a complaint under section 379 or an appeal under section 380, shall have power to make such order as to costs as may be just.
Brief Detail
Section 381 of the Bharatiya Nagarik Suraksha Sanhita, 2023, grants courts the authority to determine and order costs related to applications for filing complaints or appeals. This ensures that the costs awarded are fair and just in the context of the proceedings.
Question & Answers
What is the purpose of Section 381?
Section 381 allows courts to order costs related to applications for complaints or appeals, ensuring fairness in the proceedings.
What types of applications does this section apply to?
This section applies to applications made for filing complaints under section 379 and appeals under section 380.
What power does the court have under this section?
The court has the power to make orders regarding costs that it deems just.
Are the cost orders subject to review?
The text does not specify, but typically, orders made under such provisions are based on the court's discretion.
How does this section impact litigants?
It allows litigants to potentially recover costs if they are successful in their applications or appeals.
Example
- A person files an appeal under section 380 and, upon winning the case, the court orders the opposing party to pay the costs incurred during the appeal.
- In a situation where a complaint is filed under section 379 and deemed unjustified, the court may order the complainant to bear the costs of the proceedings.
Summary
Section 381 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers courts to award costs in relation to applications for complaints and appeals. This provision aims to ensure that cost orders are just and fair, providing a mechanism for addressing expenses incurred during legal proceedings.
